Research On The Judicial Determination Of The Crime Of Organizing And Leading Pyramid Selling

With the entry of pyramid selling activities into China from the last century, the profiteering model by fraudulent means spread rapidly in the whole country because of the relevant laws and regulations which was not perfect at that time, people’s desire to get rich, the particularity of the pyramid selling itself and so on. In recent years, the pyramid sel ing activities have intensified for a large number of participants, the huge amount of money involved and the extensive influence. That seriously damaged the normal social life and economic order. In order to maintain a stable and organized social and economic order and combat the increasingly rampant pyramid selling activities, the State Administration for Industry and Commerce and the Ministry of public security and other 12 departments jointly carried out the deployment of the "beat pyramid selling, anti fraud, and promote harmony" enforcement action in 2013. During the campaign, the national industrial and commercial authorities investigated, put on record and transferred 1141 pyramid selling cases to public security organs pyramid selling case 1141, which involved 3.4 billion RMB, checked and dismissed more than 60,000 pyramid retail personnel and destroyed 7683 multi- level marketing dens. In addition, as early as in 2009, the Standing Committee of the National People’s Congress specified a new crime which refers to the organization and leadership of pyramid selling activity in the “Criminal Law Amendment(seven)”. That improved the punishment of pyramid sales crime penalty system and was of great significance to combat the increasingly rampant crime of pyramid selling activities.The judicial ascertainment study of the crime on the organization and leadership of the pyramid selling activities helps to find out the shortage of current law, solve the issue existing in the actual application and so as to better instruct the judicial practice. This paper comprehensively and systematically analyzes this crime through the use of criminal law of relevant theoretical results, reveals the difference between this crime and other easily confused charges, discusses the relevant application of law problem with the hope to contribute to the judicial practice.Thesis is over twenty-six thousand words, besides the introduction and conclusion, is divided into six parts:In the first part, the paper analyzes the objective aspect of crime on the organization and leadership of the pyramid sel ing activities. The main part of the crime of "organization, leadership behavior," "serious cases" and so identified.Objective aspect of the performance of the perpetrator of this crime is implemented organizational behavior, leadership Pyramid Selling activities for acts committed this crime. In addition, by distinguishing between Pyramid Sel ing and direct sales, the definition of the crime and crimes.The second part explores the determination of the main criminal offense. The subject of this crime is including natural and units, accountability for perpetrators of criminal responsibility, should be based on the factors of their identity in MLM activities, role, status, etc.An active participant shall not apply to this crime, and should be based on their behavior to the appropriate charges held criminally responsible. Moreover,units engaged pyramid schemes, the same should be held criminally responsible for the crime.The third part discusses the accomplice pattern of this crime. It analyzes the forms of complicity of this crime which belongs to the indispensable joint crime and discusses the principle of punishment of joint crime of the crime. When this crime jointly identified the perpetrator shall apply with respect to the relevant provisions of the Criminal Law General common crime, combined with subjective and objective facts, the role of the perpetrator of the crime and other factors, a comprehensive identification.The fourth part discusses the discontinuing forms of this crime, analyzing and researching mainly the form of the preparation for a crime and the form of attempted crime of the organization and leadership of pyramid selling crime etc. Determined to stop this form of crime, should be combined with the process of behavioral development, the actor’s subjective fault behavior pause reasons and other factors, a comprehensive analysis.The fifth part discusses the quantity of this crime. It elaborates the implication between the relevant charges involved in this crime and the crime of false registered capital, the relationship between the combined punishment for several offenses and violent crime, and the absorbing relationship with the crime of illegal detention on charges etc.The sixth part discusses the difference between the crime on the organization and leadership of the pyramid sel ing activities and related charges. It expounds the limits of the crime in the judicial determination of this crime and other crime and editorials the difference between this crime and the crime of fraud, il egal business operation, production, sales and shoddy products crimes and other similar crimes mainly from the aspect of essential constitutive elements of crime.